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Brian J. Boyle

Brian J. Boyle

Partner
Co-Deputy Chair, Antitrust & Competition group
Exemplary legal skill, sound judgment, and carefully navigated myriad obstacles.
— Commendation letter from U.S. Magistrate Judge
PhiladelphiaWashington, DC
About

Brian Boyle represents litigants and dealmakers in antitrust, competition, and consumer protection matters. A trial lawyer and trusted business advisor, he defends clients in investigations by the Federal Trade Commission (FTC), Department of Justice (DOJ) and state attorneys general, represents businesses as plaintiffs and defendants in civil litigation, and provides strategic advice and counsel on their most challenging global merger control and compliance matters.

Brian has deep experience in federal courts across the country in matters alleging claims such as price fixing, federal and state consumer protection violations, unfair or deceptive trade practices, unfair competition, fraud and racketeering. Brian’s experience before the FTC, DOJ and state attorneys general includes merger, cartel, and pricing conduct antitrust investigations, as well as a variety of consumer protection investigations. He also has significant experience representing executives before legislative committees.

Brian is skilled at guiding clients through mergers and acquisitions, joint ventures and competitor collaborations involving antitrust challenges. He combines his antitrust acumen with his corporate strategy background to deliver unique and creative solutions. Clients also turn to Brian to solve complex compliance challenges related to antitrust and consumer protection law, including developing compliance programs from the ground up.

Brian has held multiple leadership positions in the ABA Antitrust Section, and regularly speaks and writes on antitrust issues, including serving as an editor of the ABA's authoritative Antitrust Law Developments treatise. Brian is also a Fellow of the American Bar Foundation and has been recognized by the U.S. District Court for the Eastern District of Pennsylvania for his pro bono work, which focuses on federal civil rights litigation.

Areas of FocusAntitrust and CompetitionLitigation, Arbitration and InvestigationsMergers and AcquisitionsFTC Consumer ProtectionHealthcare Antitrust
Bar admissionsDistrict of ColumbiaNew JerseyPennsylvania
CourtsUnited States District Court for the District of ColumbiaUnited States District Court for the Eastern District of PennsylvaniaUnited States District Court for the Middle District of PennsylvaniaUnited States Court of Appeals for the Ninth CircuitUnited States District Court for the District of New JerseyUnited States Court of Appeals for the Eleventh Circuit

EXPERIENCE

Litigation

  • Obtained a defense verdict at trial on behalf of a global consumer products manufacturer in litigation alleging breach of a federal consent order and two related contracts. The jury also awarded our client damages on its counterclaims.
  • Obtained dismissal on behalf of one the nation’s leading property management companies in In re: RealPage Rental Software Antitrust Litigation (M.D. Tenn.), a groundbreaking case concerning the intersection of artificial intelligence pricing tools and the antitrust laws.
  • Obtained dismissal of all claims against a healthcare staffing solutions company in litigation alleging violations of the Sherman Antitrust Act and the False Claims Act based on purported irregularities in the submission of proposals for government contracts.
  • Obtained dismissal on behalf of an industrial products manufacturer in antitrust litigation in the US District Court for the Northern District of California involving alleged price fixing in the drywall market.
  • Obtained an order striking class allegations on behalf of a multinational digital media company in a putative class action alleging violations of federal consumer protection law and the Illinois Consumer Fraud and Deceptive Business Practices Act.
  • Secured an order striking plaintiff’s claims for $100 million in alleged damages in a federal civil action after uncovering evidence during deposition testimony that plaintiff hid significant electronic evidence and made numerous misrepresentations to the court. 
  • Represented a financial services company as a plaintiff in a lawsuit against another financial services firm alleging claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) and the Racketeer Influenced and Corrupt Organizations (RICO) Act.
  • Won summary judgment on behalf of a leading originator of government-backed mortgages in a False Claims Act case with US$860 million in alleged damages involving allegations that the company violated federal consumer protection regulations.
  • Defeated class certification on behalf of a national consumer lending company in a putative class action in the US District Court for the Western District of Washington in a case alleging violations of consumer protection law.

Investigations

  • Represented a Fortune 500 company that was alleged to be the hub of a multinational hub-and-spoke price-fixing conspiracy in a DOJ Antitrust Division investigation.  Successfully resolved the matter with no enforcement against our client. 
  • Represented a government contractor accused of bid rigging and related offenses in connection with a federal construction contract.
  • Represented a global consumer products company in an FTC Anticompetitive Practices Division investigation concerning pricing.
  • Represented a global healthcare company in DOJ and FTC consumer protection investigations related to advertising and marketing practices.
  • Represented multinational energy company in a consumer protection investigation by the Pennsylvania Office of Attorney General. Successfully resolved the matter with no enforcement against our client.
  • Represented the founder and CEO of a credit monitoring company in an FTC investigation related to alleged consumer protection violations and fraud. 
  • Represented an Asia-based global e-gaming company in an FTC investigation of potential violations of the Children’s Online Privacy Protection Act (COPPA).
  • Represented a Fortune 500 retailer as a third party in a DOJ investigation and litigation to block the merger of two consumer products companies.
  • Represented a leading financial services company in overlapping investigations by the attorneys general of Minnesota, Washington and Florida, as well as related class action litigation, alleging consumer protection violations and fraud related to advertising, telemarketing and direct mail marketing practices.
  • Represented a leading national healthcare provider in multiple committee investigations and related matters before the Pennsylvania Legislature.

Mergers & Collaborations

  • Achieved merger clearance in the US and globally of a complex joint venture between two leading publicly traded healthcare companies.
  • Served as global antitrust counsel to a Global 2000 pharmaceutical company in a joint venture with a Fortune 500 company for developing and commercializing novel medications and involving complex vertical merger issues and numerous jurisdictions. 
  • Advised a Fortune 100 manufacturer and DTC retailer on an innovative strategic collaboration with another retailer raising novel antitrust issues related to retail transaction data and co-led the negotiation of related agreements and protocols.
  • Achieved HSR merger clearance of multiple acquisitions of competitors by a leading global technology company.
  • Represented a Fortune 500 company in an FTC investigation of a proposed merger involving consumer products and industrial products.
  • Represented an investment bank in a DOJ lawsuit to block proposed acquisition in a highly complex and cutting-edge antitrust monopsony issue.
  • Advised a special-purpose acquisition company (SPAC) on complex merger control matters related to an innovative transaction in the electric vehicle industry.
  • Advised an industrial materials company on its acquisition by a competitor in a highly concentrated market, successfully achieving HSR merger clearance. 
  • Represented a multinational renewable energy industry trade association with respect to antitrust information exchange and standard setting issues, including serving as a compliance monitor.
  • Advised a multinational healthcare trade association on antitrust issues related to the development of a data sharing and analysis program.

Compliance

  • Advised a Fortune 500 manufacturer on antitrust issues related to the development of a cutting-edge, cloud-based services platform and developed a new antitrust compliance program for the business unit from the ground up.
  • Advised a global Fortune 500 consumer products manufacturer on the implementation of its minimum advertised price (MAP) policy and its pricing and distribution policies.
  • Advised a global services and technology company on the development and implementation of a new marketing and consumer communications compliance program to resolve complex TCPA, CAN-SPAM Act and state consumer protection law issues. 
  • Represented a global consumer products company in FTC compliance matters related to the Magnuson–Moss Warranty Act.
  • Represented a Fortune 500 consumer products company in multiple advertising claim substantiation matters, including health and safety claims and endorsement matters related to traditional and online media advertising.
  • Represented a globally known celebrity and associated businesses in consumer protection matters related to establishment of a social media marketing program.
  • Represented a consumer services company in the development of a new compliance program related to automatic renewal, advertising and marketing (including TCPA and state law issues), and consumer disclosure issues.
Education
  • J.D., Villanova University School of Law
    Editor in Chief, Villanova Law Review
  • M.B.A., Villanova University
  • B.A., Political Science, Loyola University Maryland

Awards

The Legal 500 United States

  • Recommended, Civil Litigation/Class Actions: Defense (2024)
Additional Awards
  • Legal Intelligencer, "Professional Excellence Award: Lawyer on the Fast Track" (April 18, 2023)
  • Philadelphia Business Journal, "Young Lawyer on the Rise" and "Millennial to Watch in Law" (2017)

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Bylines

  • "DOJ suffers another defeat in a no-poach antitrust prosecution," DLA Piper Client Alert, May 5, 2023 
  • "Supreme Court opens door to challenging FTC and SEC in district court,” DLA Piper Client Alert, April 20, 2023 
  • "FTC warns nearly 700 advertisers of health products," DLA Piper Client Alert, April 18, 2023
  • "DOJ withdraws long-standing healthcare antitrust enforcement policy statements," DLA Piper Client Alert, February 10, 2023
  • "FTC proposes ban on non-competes," DLA Piper Client Alert, January 10, 2023
  • "In brief: antitrust and consumer protection update," DLA Piper Client Alert, October 4, 2022
  • "DOJ Antitrust Division updates Leniency Program," DLA Piper Client Alert, 05 April 2022
  • "FTC announces annual revisions to HSR Act thresholds," DLA Piper Client Alert, January 25, 2022
  • "A Potential Shift in Antitrust Deferred Prosecution Agreements," Law360, July 2021
  • "'Negative Options' in Consumer Subscriptions Are Risky," Bloomberg, May 2021
  • "5 Antitrust Trends to Watch In 2019," Law360, January 1, 2019
  • "Maximizing the Success Of 'Minimum Advertised Price' Policy," Law360, April 11, 2018

Seminars

  • "Antitrust Hot Topics 2020"
  • "Antitrust Hot Topics for Technology Companies"
  • "Enhancing Social Media Policies in the Work Place: Complying with FTC Disclosure Rules"

Media Mentions

Civic and Charitable

  • Fellow, American Bar Association
  • Member, The Pennsylvania Society

Memberships And Affiliations

  • Board of advisors, Villanova Law Alumni Association
  • Former president, Villanova Law Alumni Association, young alumni chapter, 2016-2017

My latest insights

Past event

The future of competition law: What to expect under a new administration

12 November 2024 .1 minute read

Publication

Preparing for (more) updates to California’s Automatic Renewal Law

7 November 2024 .4 minute read

Publication

FTC finalizes "click-to-cancel" rule: Top points

17 October 2024 .4 minute read

View All

Connect

Phone

+1 215 656 2450
(Work, Philadelphia)
+1 202 799 4000
(Work, Washington, DC)
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